Legal views 鈥� Page 83
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CommentNo complaints: Holystone vs Volker Stevin
Here鈥檚 a court case of an adjudication that went to enforcement, in which all four arguments a party used in its defence were defeated 鈥�
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CommentLet鈥檚 rebuild our legal system
The fundamental truth about contract law is that those who use it don鈥檛 understand it, and so it endangers their survival. Shouldn鈥檛 the government rethink the whole thing?
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CommentDifficult jurisdictions: Libya
In the first of a series on difficult jurisdictions, Chris Hill turns the focus on Libya where the opportunities are on a par with its challenges
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Future of education looks prefab
Local authorities were due to find out this week how much they will have available to spend on schools. Labour鈥檚 拢55bn 精东影视 Schools for the Future (BSF) programme has been abolished and the coalition has pledged to spend 拢15.8bn improving the school estate.
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CommentWhat鈥檚 wrong with tradition?
Let鈥檚 not write off conventional contracting just yet, as some would have us do. Used in the right place at the right time, it is just as robust as any other procurement method
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CommentFour little letters that say 鈥榩ay up鈥�
Here鈥檚 another contract-not-in-writing-so-you-can鈥檛-go-to-adjudication-but-do-anyway-so-everyone-ends-up-in-the-High-Court case. With a twist 鈥�
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Common mistakes in ... multiparty disputes
In the third in a series on dos and don鈥檛s on major projects, Ben Mullard offers his tips on how to better your chances of victory in multiparty disputes
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CommentCala Homes vs Eric Pickles: Who will be the ultimate winner?
The court may have ruled that scrapping regional housing targets was illegal, but that won鈥檛 change the government鈥檚 localism agenda
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CommentWill I win?: Early neutral evaluation
If only there were some way of finding out if you were going to win your case before you spent 拢200,000 on it. Well, actually, there is something rather like that 鈥�
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Heartless: The case of a builder sued for having a heart attack
A builder suffered a heart attack during a job and could not finish the work. When his client sued him, the case turned on the rarely seen defence of frustration
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Collaborative law: A new use for lawyers
US family lawyers have devised a dispute resolution method - collaborative law - that rethinks the roles played by clients鈥� legal advisers. Now it鈥檚 being used in commercial disputes
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CommentStandardised prequalification form: Save while you slave
The coalition has a bright idea to save you billions of pounds on procurement. It鈥檚 a form called PAS91 and it鈥檒l only take a couple of weeks to fill in鈥�
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CommentPre-action disclosure: Show trial
Arbitration has often been criticised for its lack of early disclosure. But in fact arbitrators are obliged to avoid expense, and this is one good way to do it
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Quality of work: The QS's duty
A QS has been sued for valuing work that was defective. Luckily for it, the law is clear on this point. But surely QSs have a duty to speak up if they spot something鈥檚 wrong?
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Quality of work: Outside the QS's remit
The QS is concerned with value and quantity, so it is right that the law should not require them to be held responsible for matters of quality
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Don't bring back arbitration
Earlier this month Tony Bingham called for arbitration to be restored to its pedestal in construction contracts, but it was ripe for toppling
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CommentDid the spending review kill off PFI?
The chancellor described PFI as 鈥檉lawed鈥� last week, but it hasn鈥檛 fallen out of favour for all sectors - at least not yet鈥�
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Common mistakes in... the design development process
In the second in a series on dos and don鈥檛s on major projects, Iain Suttie discusses the design development process and where it can all go horribly wrong
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Bullying the adjudicator: Nice guys finish last
Some parties in a dispute think they can win a case by bullying and abusing the adjudicator. And you know what? They might be right 鈥�
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Outsourcing abroad: Indian takeaway
Why spend huge amounts of in-house time, money and resources on paperwork when outsourcing firms in countries like India have specialist teams to do it for you?